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H0188aa...............................................by HEALTH AND WELFARE
CHILD ABUSE/NEGLECT - Amends existing law to provide requirements governing
Department of Health and Welfare employees whose job duties are related to
the Child Protective Services system.
02/11 House intro - 1st rdg - to printing
02/14 Rpt prt - to Health/Wel
03/11 Rpt out - to Gen Ord
03/14 Rpt out amen - to engros
03/15 Rpt engros - 1st rdg - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/17 3rd rdg as amen - PASSED - 62-1-7
AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Hart, Harwood, Henbest, Henderson, Jaquet,
Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Moyle, Nielsen, Nonini, Pasley-Stuart,
Pence, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(24), Smylie,
Snodgrass, Stevenson, Trail, Wills
NAYS -- Ring
Absent and excused -- Barrett, Garrett, Mitchell, Raybould,
Smith(30), Wood, Mr. Speaker
Floor Sponsor - McGeachin
Title apvd - to Senate
03/18 Senate intro - 1st rdg - to Health/Wel
03/22 Rpt out - rec d/p - to 2nd rdg
03/23 2nd rdg - to 3rd rdg
03/24 3rd rdg - PASSED - 23-7-4, 1 vacancy
AYES -- Broadsword, Bunderson, Burtenshaw, Cameron, Compton, Corder,
Darrington, Davis, Gannon, Goedde, Hill, Jorgenson, Keough, Little,
Lodge, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner,
Sweet, Williams
NAYS -- Burkett, Kelly, Langhorst, Malepeai, Marley, Stennett, Werk
Absent and excused -- Andreason, Brandt, Coiner, Geddes, (District 21
seat vacant)
Floor Sponsor - Pearce
Title apvd - to House
03/24 To enrol
03/28 Rpt enrol - Sp signed
03/29 Pres signed
03/30 To Governor
03/30 Governor VETOED
03/31 Held at Desk
04/06 Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 188
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO PROCEDURES GOVERNING ABUSE AND NEGLECT INVESTIGATIONS; AMENDING
3 SECTION 16-1623, IDAHO CODE, TO PROVIDE REQUIREMENTS GOVERNING DEPARTMENT
4 REPRESENTATIVES WHO PARTICIPATE IN AN INVESTIGATION.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 16-1623, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 16-1623. POWERS AND DUTIES OF THE DEPARTMENT. The department, working in
9 conjunction with the court and other public and private agencies and persons,
10 shall have the primary responsibility to implement the purpose of this chap-
11 ter. To this end, the department is empowered and shall have the duty to do
12 all things reasonably necessary to carry out the purpose of this chapter,
13 including, but not limited to, the following:
14 (a) The department shall administer treatment programs for the protection
15 and care of neglected, abused and abandoned children, and in so doing may
16 place in foster care, shelter care, or other diagnostic, treatment, or care
17 centers or facilities, children of whom it has been given custody. The depart-
18 ment is to be governed by the standards found in chapter 12, title 39, Idaho
19 Code.
20 (b) On December 1, the department shall make an annual statistical report
21 to the governor covering the preceding fiscal year showing the number and sta-
22 tus of persons in its custody and including such other data as will provide
23 sufficient facts for sound planning in the conservation of children and youth.
24 All officials and employees of the state and of every county and city shall
25 furnish the department upon request, such information within their knowledge
26 and control as the department deems necessary. Local agencies shall report in
27 such uniform format as may be required by the department.
28 (c) The department shall be required to maintain a central registry for
29 the reporting of child neglect, abuse and abandonment information. Provided
30 however, that the department shall not retain any information for this purpose
31 relating to a child, or parent of a child, abandoned pursuant to chapter 81,
32 title 39, Idaho Code.
33 (d) The department shall make periodic evaluation of all persons in its
34 custody or under its supervision for the purpose of determining whether exist-
35 ing orders and dispositions in individual cases shall be modified or continued
36 in force. Evaluations may be made as frequently as the department considers
37 desirable and shall be made with respect to every person at intervals not
38 exceeding six (6) months. Reports of evaluation made pursuant to this section
39 shall be filed with the court which vested custody of the person with the
40 department. Reports of evaluation shall be provided to persons having full or
41 partial legal or physical custody of a child. Failure of the department to
42 evaluate a person or to reevaluate him within six (6) months of a previous
43 examination shall not of itself entitle the person to a change in disposition
2
1 but shall entitle him, his parent, guardian or custodian or his counsel to
2 petition the court pursuant to section 16-1611, Idaho Code.
3 (e) In a consultive capacity, the department shall assist communities in
4 the development of constructive programs for the protection, prevention and
5 care of children and youth.
6 (f) The department shall keep written records of investigations, evalua-
7 tions, prognoses and all orders concerning disposition or treatment of every
8 person over whom it has legal custody. Department records shall be subject to
9 disclosure according to chapter 3, title 9, Idaho Code, unless otherwise
10 ordered by the court, the person consents to the disclosure, or disclosure is
11 necessary for the delivery of services to the person. Notwithstanding the pro-
12 visions restricting disclosure or the exemptions from disclosure provided in
13 chapter 3, title 9, Idaho Code, all records pertaining to investigations, the
14 rehabilitation of youth, the protection of children, evaluation, treatment
15 and/or disposition records pertaining to the statutory responsibilities of the
16 department shall be disclosed to any duly elected state official carrying out
17 his official functions.
18 (g) The department shall establish appropriate administrative procedures
19 for the processing of complaints of child neglect, abuse and abandonment
20 received and for the implementation of the protection, treatment and care of
21 children formally or informally placed in the custody of the department under
22 this chapter including, but not limited to:
23 (1) All representatives of the department who may participate in the
24 investigation or processing of any complaint or the implementation of the
25 protection, treatment and care of a child under this chapter must first be
26 trained in their legal duties to protect the constitutional and statutory
27 rights of children and families from the initial time of contact, during
28 the investigation through treatment. The training curriculum must include
29 instruction in the fourth amendment to the Constitution of the United
30 States and parents' rights.
31 (2) All representatives of the department who may participate in the
32 investigation of any complaint under this chapter shall, at the initial
33 time of contact with the individual subject to a child abuse and/or
34 neglect investigation, advise the individual of the specific complaints or
35 allegations made against the individual in a manner that is consistent
36 with laws protecting the rights of the informant.
37 (h) The department having been granted legal custody of a child, subject
38 to the judicial review provisions of this subsection, shall have the right to
39 determine where and with whom the child shall live, provided that the child
40 shall not be placed outside the state without the court's consent. Provided
41 however, that the court shall retain jurisdiction over the child, which juris-
42 diction shall be entered on any order or petition granting legal custody to
43 the department, and the court shall have jurisdiction over all matters relat-
44 ing to the child. The department shall not place the child in the home from
45 which the court ordered the child removed without first obtaining the approval
46 of the court.
47 (i) The department shall give to the court any information concerning the
48 child that the court may at any time require, but in any event shall report
49 the progress of the child under its custody at intervals of not to exceed six
50 (6) months. The department shall file with the court at least five (5) days
51 prior to the permanency hearing under section 16-1611, Idaho Code, the perma-
52 nency plan and recommendations of the department. There shall be a rebuttable
53 presumption that if a child is placed in the custody of the department and was
54 also placed in out of the home care for a period not less than fifteen (15)
55 out of the last twenty-two (22) months from the date the child entered shelter
3
1 care, the department shall initiate a petition for termination of parental
2 rights. This presumption may be rebutted by a finding of the court that the
3 filing of a petition for termination of parental rights would not be in the
4 best interests of the child or reasonable efforts have not been provided to
5 reunite the child with his family, or the child is placed permanently with a
6 relative.
7 (j) The department shall establish appropriate administrative procedures
8 for the conduct of administrative reviews and hearings as required by federal
9 statute for all children committed to the department and placed in out of the
10 home care.
11 (k) At any time the department is considering a placement pursuant to
12 this act, the department shall make a reasonable effort to place the child in
13 the least disruptive environment to the child and in so doing may consider,
14 without limitation, placement of the child with related persons.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
Moved by McGeachin
Seconded by Rusche
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 188
1 AMENDMENT TO SECTION 1
2 On page 2 of the printed bill, delete lines 23 through 36 and insert:
3 "(1) Department employees whose job duties are related to the child pro-
4 tective services system under this chapter shall first be trained as to
5 their obligations under this chapter regarding the protection of children
6 whose health and safety may be endangered. The curriculum shall include
7 information regarding their legal duties, how to conduct their work in
8 conformity with the requirements of this chapter, information regarding
9 applicable federal and state laws with regard to the rights of the child,
10 parent and others who may be under investigation under the child protec-
11 tive services system, and the applicable legal and constitutional parame-
12 ters within which they are to conduct their work.
13 (2) Department employees whose job duties are related to the child pro-
14 tective services system shall advise the individual of the complaints or
15 allegations made against the individual at the time of the initial con-
16 tact, consistent with protecting the identity of the referrant.".
17 CORRECTION TO TITLE
18 On page 1, delete lines 2 through 4 and insert:
19 "RELATING TO THE CHILD PROTECTIVE ACT; AMENDING SECTION 16-1623, IDAHO CODE,
20 TO PROVIDE REQUIREMENTS GOVERNING DEPARTMENT OF HEALTH AND WELFARE EMPLOY-
21 EES WHOSE JOB DUTIES ARE RELATED TO THE CHILD PROTECTIVE SERVICES SYS-
22 TEM.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 188, As Amended
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE CHILD PROTECTIVE ACT; AMENDING SECTION 16-1623, IDAHO CODE, TO
3 PROVIDE REQUIREMENTS GOVERNING DEPARTMENT OF HEALTH AND WELFARE EMPLOYEES
4 WHOSE JOB DUTIES ARE RELATED TO THE CHILD PROTECTIVE SERVICES SYSTEM.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 16-1623, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 16-1623. POWERS AND DUTIES OF THE DEPARTMENT. The department, working in
9 conjunction with the court and other public and private agencies and persons,
10 shall have the primary responsibility to implement the purpose of this chap-
11 ter. To this end, the department is empowered and shall have the duty to do
12 all things reasonably necessary to carry out the purpose of this chapter,
13 including, but not limited to, the following:
14 (a) The department shall administer treatment programs for the protection
15 and care of neglected, abused and abandoned children, and in so doing may
16 place in foster care, shelter care, or other diagnostic, treatment, or care
17 centers or facilities, children of whom it has been given custody. The depart-
18 ment is to be governed by the standards found in chapter 12, title 39, Idaho
19 Code.
20 (b) On December 1, the department shall make an annual statistical report
21 to the governor covering the preceding fiscal year showing the number and sta-
22 tus of persons in its custody and including such other data as will provide
23 sufficient facts for sound planning in the conservation of children and youth.
24 All officials and employees of the state and of every county and city shall
25 furnish the department upon request, such information within their knowledge
26 and control as the department deems necessary. Local agencies shall report in
27 such uniform format as may be required by the department.
28 (c) The department shall be required to maintain a central registry for
29 the reporting of child neglect, abuse and abandonment information. Provided
30 however, that the department shall not retain any information for this purpose
31 relating to a child, or parent of a child, abandoned pursuant to chapter 81,
32 title 39, Idaho Code.
33 (d) The department shall make periodic evaluation of all persons in its
34 custody or under its supervision for the purpose of determining whether exist-
35 ing orders and dispositions in individual cases shall be modified or continued
36 in force. Evaluations may be made as frequently as the department considers
37 desirable and shall be made with respect to every person at intervals not
38 exceeding six (6) months. Reports of evaluation made pursuant to this section
39 shall be filed with the court which vested custody of the person with the
40 department. Reports of evaluation shall be provided to persons having full or
41 partial legal or physical custody of a child. Failure of the department to
42 evaluate a person or to reevaluate him within six (6) months of a previous
43 examination shall not of itself entitle the person to a change in disposition
2
1 but shall entitle him, his parent, guardian or custodian or his counsel to
2 petition the court pursuant to section 16-1611, Idaho Code.
3 (e) In a consultive capacity, the department shall assist communities in
4 the development of constructive programs for the protection, prevention and
5 care of children and youth.
6 (f) The department shall keep written records of investigations, evalua-
7 tions, prognoses and all orders concerning disposition or treatment of every
8 person over whom it has legal custody. Department records shall be subject to
9 disclosure according to chapter 3, title 9, Idaho Code, unless otherwise
10 ordered by the court, the person consents to the disclosure, or disclosure is
11 necessary for the delivery of services to the person. Notwithstanding the pro-
12 visions restricting disclosure or the exemptions from disclosure provided in
13 chapter 3, title 9, Idaho Code, all records pertaining to investigations, the
14 rehabilitation of youth, the protection of children, evaluation, treatment
15 and/or disposition records pertaining to the statutory responsibilities of the
16 department shall be disclosed to any duly elected state official carrying out
17 his official functions.
18 (g) The department shall establish appropriate administrative procedures
19 for the processing of complaints of child neglect, abuse and abandonment
20 received and for the implementation of the protection, treatment and care of
21 children formally or informally placed in the custody of the department under
22 this chapter including, but not limited to:
23 (1) Department employees whose job duties are related to the child pro-
24 tective services system under this chapter shall first be trained as to
25 their obligations under this chapter regarding the protection of children
26 whose health and safety may be endangered. The curriculum shall include
27 information regarding their legal duties, how to conduct their work in
28 conformity with the requirements of this chapter, information regarding
29 applicable federal and state laws with regard to the rights of the child,
30 parent and others who may be under investigation under the child protec-
31 tive services system, and the applicable legal and constitutional parame-
32 ters within which they are to conduct their work.
33 (2) Department employees whose job duties are related to the child pro-
34 tective services system shall advise the individual of the complaints or
35 allegations made against the individual at the time of the initial con-
36 tact, consistent with protecting the identity of the referrant.
37 (h) The department having been granted legal custody of a child, subject
38 to the judicial review provisions of this subsection, shall have the right to
39 determine where and with whom the child shall live, provided that the child
40 shall not be placed outside the state without the court's consent. Provided
41 however, that the court shall retain jurisdiction over the child, which juris-
42 diction shall be entered on any order or petition granting legal custody to
43 the department, and the court shall have jurisdiction over all matters relat-
44 ing to the child. The department shall not place the child in the home from
45 which the court ordered the child removed without first obtaining the approval
46 of the court.
47 (i) The department shall give to the court any information concerning the
48 child that the court may at any time require, but in any event shall report
49 the progress of the child under its custody at intervals of not to exceed six
50 (6) months. The department shall file with the court at least five (5) days
51 prior to the permanency hearing under section 16-1611, Idaho Code, the perma-
52 nency plan and recommendations of the department. There shall be a rebuttable
53 presumption that if a child is placed in the custody of the department and was
54 also placed in out of the home care for a period not less than fifteen (15)
55 out of the last twenty-two (22) months from the date the child entered shelter
3
1 care, the department shall initiate a petition for termination of parental
2 rights. This presumption may be rebutted by a finding of the court that the
3 filing of a petition for termination of parental rights would not be in the
4 best interests of the child or reasonable efforts have not been provided to
5 reunite the child with his family, or the child is placed permanently with a
6 relative.
7 (j) The department shall establish appropriate administrative procedures
8 for the conduct of administrative reviews and hearings as required by federal
9 statute for all children committed to the department and placed in out of the
10 home care.
11 (k) At any time the department is considering a placement pursuant to
12 this act, the department shall make a reasonable effort to place the child in
13 the least disruptive environment to the child and in so doing may consider,
14 without limitation, placement of the child with related persons.
STATEMENT OF PURPOSE
RS 14573
The purpose of this legislation is to add to state law the
federal protections required under the "Keeping Children and
Families Safe Act of 2003."
FISCAL NOTE
There is no fiscal impact to the general fund.
Contact
Name: Rep. Janice McGeachin
Phone: 208-332-1000
Sen. Monty Pearce
Idaho Coalition of Home Educators
STATEMENT OF PURPOSE/FISCAL NOTE H 188